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(continued)

-HEAD-
Sec. 159. Establishment; boundaries

-STATUTE-
When title to all the lands, structures, and other property in
the area at Saratoga, New York, whereon was fought the Battle of
Saratoga during the War of the Revolution, shall have been vested
in the United States, such area shall be, and it is, established,
dedicated, and set apart as a public park for the benefit and
inspiration of the people and shall be known as the Saratoga
National Historical Park: Provided, That such area shall include
that part of the Saratoga Battlefield now belonging to the State of
New York and any additional lands in the immediate vicinity thereof
which the Secretary of the Interior may, within six months after
the approval of sections 159 to 159b of this title, designate as
necessary or desirable for the purposes of sections 159 to 159b of
this title.

-SOURCE-
(June 1, 1938, ch. 316, Sec. 1, 52 Stat. 608.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 159c of this title.

-End-



-CITE-
16 USC Sec. 159a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159a. Acceptance of donations

-STATUTE-
The Secretary of the Interior is authorized to accept donations
of land, interests in land, buildings, structures, and other
property within the boundaries of said historical park as
determined and fixed hereunder and donations of funds for the
purchase or maintenance thereof, the title and evidence of title to
lands acquired to be satisfactory to the Secretary of the Interior:
Provided, That he may acquire on behalf of the United States, out
of any donated funds, by purchase when purchasable at prices deemed
by him reasonable, otherwise by condemnation under the provisions
of section 3113 of title 40, such tracts of land within the said
historical park as may be necessary for the completion thereof.

-SOURCE-
(June 1, 1938, ch. 316, Sec. 2, 52 Stat. 609.)

-COD-
CODIFICATION
"Section 3113 of title 40" substituted in text for "the Act of
August 1, 1888" on authority of Pub. L. 107-217, Sec. 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted Title
40, Public Buildings, Property, and Works.

-End-



-CITE-
16 USC Sec. 159b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159b. Administration, protection, and development

-STATUTE-
The administration, protection, and development of the Saratoga
National Historical Park shall be exercised under the direction of
the Secretary of the Interior by the National Park Service, subject
to the provisions of sections 1, 2, 3, and 4 of this title, as
amended.

-SOURCE-
(June 1, 1938, ch. 316, Sec. 3, 52 Stat. 609.)


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees, and
agencies of Department of the Interior, with certain exceptions, to
Secretary of the Interior, with power to delegate, see Reorg. Plan
No. 3 of 1950, Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64
Stat. 1262, set out in the Appendix to Title 5, Government
Organization and Employees.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 159, 159c of this title.

-End-



-CITE-
16 USC Sec. 159c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159c. Completion of establishment

-STATUTE-
For the purpose of completing the establishment of Saratoga
National Historical Park, and to provide adequately for its future
development, all lands and other property which have been acquired
by the Federal Government pursuant to sections 159 to 159b of this
title, are established as the Saratoga National Historical Park and
shall be administered as provided in section 159b of this title.

-SOURCE-
(June 22, 1948, ch. 594, Sec. 1, 62 Stat. 570.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 159d of this title.

-End-



-CITE-
16 USC Sec. 159d 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159d. Acceptance of General Philip Schuyler Mansion property

-STATUTE-
The Secretary of the Interior is authorized to accept all or any
portion of the General Philip Schuyler Mansion property, real and
personal, situated at Schuylerville, New York, comprising
approximately fifty acres.

-SOURCE-
(June 22, 1948, ch. 594, Sec. 2, 62 Stat. 571; Pub. L. 97-460, Sec.
3, Jan. 12, 1983, 96 Stat. 2522.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 97-460 struck out provisions which authorized the
Secretary of the Interior to accept donations of land, interests in
land, buildings, structures, and other property in Saratoga County
which properties, together with the General Philip Schuyler Mansion
property, were to become part of Saratoga National Historical Park.
See sections 159f and 159g of this title.

-End-



-CITE-
16 USC Sec. 159e 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159e. Revision of boundary; additional acreage; authorization
of appropriations

-STATUTE-
(a) The Secretary of the Interior is authorized to revise the
boundary of the Saratoga National Historic Park to add
approximately one hundred and forty-seven acres.
(b) For the purposes of acquiring land and interest in land added
to the unit referred to in subsection (a) of this section there are
authorized to be appropriated from the Land and Water Conservation
Fund such sums as may be necessary but not to exceed $74,000 for
Saratoga National Historic Park.

-SOURCE-
(Pub. L. 96-199, title I, Sec. 115, Mar. 5, 1980, 94 Stat. 71.)

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 159g of this title.

-End-



-CITE-
16 USC Sec. 159f 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159f. Enactment of revision

-STATUTE-
In order to preserve certain lands historically associated with
the Battle of Saratoga and to facilitate the administration and
interpretation of the Saratoga National Historical Park
(hereinafter in this Act referred to as "the park"), the boundary
of the park is hereby revised to include the area generally
depicted on the map entitled "Saratoga National Historical Park",
numbered 80,001, and dated March 23, 1979.

-SOURCE-
(Pub. L. 97-460, Sec. 1, Jan. 12, 1983, 96 Stat. 2520.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 97-460, Jan. 12, 1983,
96 Stat. 2520, which enacted sections 159f and 159g of this title,
amended section 159d of this this title, and enacted a provision
set out as a note under section 159f of this title. For complete
classification of this Act to the Code, see Tables.


-MISC1-
AUTHORIZATION OF APPROPRIATIONS
Section 4 of Pub. L. 97-460 provided that: "There are hereby
authorized to be appropriated after October 1, 1983, such sums as
may be necessary, but not to exceed $1,000,000 for the acquisition
of lands and interests therein, to carry out the purposes of this
Act [enacting sections 159f and 159g of this title and amending
section 159d of this title]."

-End-



-CITE-
16 USC Sec. 159g 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XVIII - SARATOGA NATIONAL HISTORICAL PARK

-HEAD-
Sec. 159g. Acquisition of lands

-STATUTE-
(a) Manner; limitations
Except as provided in subsection (b) of this section, within the
boundary of the park, the Secretary of the Interior (hereinafter in
this Act referred to as the "Secretary"), is authorized to acquire
lands and interests therein by donation, purchase with donated or
appropriated funds, or exchange. Except for the tract identified on
the aforesaid map as tract number 01-132, which was authorized to
be acquired by section 159e of this title, the Secretary may not
acquire (except by donation) fee simple title to those lands
depicted on the map as proposed for less than fee acquisition. The
map shall be on file and available for public inspection in the
office of the National Park Service, Department of the Interior.
(b) Conditions for forced sale; right of first refusal
(1) Appropriated funds may not be used to acquire lands or
interests therein within the park without the consent of the owner
except when -
(A) the Secretary determines that such owner is subjecting, or
is about to subject, the property to actions which would
significantly degrade its value as a component of the park; or
(B) the owner fails to comply with the provisions of paragraph
(2).

The Secretary shall immediately notify the owner in writing of any
determination under subparagraph (A). If the owner immediately
ceases the activity subject to such notification, the Secretary
shall attempt to negotiate a mutually satisfactory solution prior
to exercising any authority provided by subsection (a) of this
section.
(2) If an owner of lands or interests therein within the park
intends to transfer any such lands or interest to persons other
than the owner's immediate family, the owner shall notify the
Secretary in writing of such intention. Within forty-five days
after receipt of such notice, the Secretary shall respond in
writing as to his interest in exercising a right of first refusal
to purchase fee title or lesser interests. If, within such
forty-five days, the Secretary declines to respond in writing or
expresses no interest in exercising such right, the owner may
proceed to transfer such interests. If the Secretary responds in
writing within such forty-five days and expresses an interest and
intention to exercise a right of first refusal, the Secretary shall
initiate an action to exercise such right within ninety days after
the date of the Secretary's response. If the Secretary fails to
initiate action to exercise such right within such ninety days, the
owner may proceed to otherwise transfer such interests. As used in
this subsection with respect to a property owner, the term
"immediate family" means the spouse, brother, sister, parent, or
child of such property owner. Such term includes a person bearing
such relationships through adoption and a stepchild shall be
treated as a natural born child for purposes of determining such
relationship.
(c) Exception
Subsection (b) of this section shall not apply with respect to
tract number 01-142.
(d) Notification by owner of intended actions
When an owner of property within the park desires to take an
action with respect to his property, he shall request, in writing,
a prompt written determination from the Secretary as to the
likelihood of such action provoking a determination by the
Secretary under the provisions of subsection (b)(1)(A) of this
section. The Secretary is thereupon directed to promptly issue such
owner a certificate of exemption from condemnation for such actions
proposed by the owner which the Secretary determines to be
compatible with the purposes of the park.
(e) Limited right of retention; calculation of payment
(1) An owner of improved property which is used solely for
noncommercial residential purposes, or for commercial agricultural
purposes found to be compatible with the General Management Plan,
on the date of its acquisition by the Secretary may retain, as a
condition of such an acquisition, a right of use and occupancy of
the property for such residential or agricultural purposes. The
right retained may be for a definite term which shall not exceed
twenty-five years, or in lieu thereof, for a term ending at the
death of the owner. The Secretary shall pay to the owner the fair
market value of the property on the date of such acquisition, less
the fair market value, of the term retained by the owner.
(2) Except for tract number 01-142, paragraph (1) shall not apply
to property which the Secretary determines to be necessary for the
purposes of administration, development, access, or public use.
(f) Rapid acquisition
Any owner of lands or interests therein within the park who
desires to have such lands or interests acquired by the Secretary
may notify the Secretary in writing of such desire. It is the
intention of the Congress that, upon receipt of such notification,
and on the condition that such acquisition will transpire at fair
market value and in accordance with other conditions acceptable to
the Secretary, the Secretary shall endeavor to acquire such lands
or interests therein within six months of the date of receipt of
such notice from the owner.

-SOURCE-
(Pub. L. 97-460, Sec. 2, Jan. 12, 1983, 96 Stat. 2520.)

-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 97-460, Jan. 12,
1983, 96 Stat. 2520, which enacted sections 159f and 159g of this
title, amended section 159d of this title, and enacted a provision
set out as a note under section 159f of this title. For complete
classification of this Act to the Code, see Tables.

-End-


-CITE-
16 USC SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-End-



-CITE-
16 USC Sec. 160 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160. Congressional declaration of purpose

-STATUTE-
The purpose of this subchapter is to preserve, for the
inspiration and enjoyment of present and future generations, the
outstanding scenery, geological conditions, and waterway system
which constituted a part of the historic route of the Voyageurs who
contributed significantly to the opening of the Northwestern United
States.

-SOURCE-
(Pub. L. 91-661, Sec. 1, Jan. 8, 1971, 84 Stat. 1970.)

-End-



-CITE-
16 USC Sec. 160a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160a. Establishment; notice in Federal Register; donation of
lands; acquisition by purchase of other lands

-STATUTE-
In furtherance of the purpose of this subchapter, the Secretary
of the Interior (hereinafter referred to as the "Secretary") is
authorized to establish the Voyageurs National Park (hereinafter
referred to as the "park") in the State of Minnesota, by
publication of notice to that effect in the Federal Register at
such time as the Secretary deems sufficient interests in lands or
waters have been acquired for administration in accordance with the
purposes of this subchapter: Provided, That the Secretary shall not
establish the park until the lands owned by the State of Minnesota
and any of its political subdivisions within the boundaries shall
have been donated to the Secretary for the purposes of the park:
Provided further, That the Secretary shall not acquire other lands
by purchase for the park prior to such donation unless he finds
that acquisition is necessary to prevent irreparable changes in
their uses or character of such a nature as to make them unsuitable
for park purposes and notifies the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural Resources of
the House of Representatives of such findings at least thirty days
prior to such acquisition.

-SOURCE-
(Pub. L. 91-661, Sec. 101, Jan. 8, 1971, 84 Stat. 1970; Pub. L.
103-437, Sec. 6(f), Nov. 2, 1994, 108 Stat. 4585.)

-COD-
CODIFICATION
Section formerly consisted of sections 101 and 102 of Pub. L.
91-661. Section 102 of Pub. L. 91-661 was substantially amended and
expanded by Pub. L. 97-405, Sec. 1(1), (2), Jan. 3, 1983, 96 Stat.
2028, and as thus amended is set out as section 160a-1 of this
title.


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-437 substituted "Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives" for "Committees on
Interior and Insular Affairs of both the Senate and the House of
Representatives".

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.

-End-



-CITE-
16 USC Sec. 160a-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160a-1. Boundaries

-STATUTE-
(a) Lands and waters included; legal description; revision
Except as provided in subsection (b) of this section, the park
shall include the lands and waters within the boundaries as
generally depicted on the drawing entitled "A Proposed Voyageurs
National Park, Minnesota," numbered LNPMW-VOYA-1001, dated February
1969, which shall be on file and available for public inspection in
the offices of the National Park Service, Department of the
Interior. Within one year after acquisition of the lands owned by
the State of Minnesota and its political subdivisions within the
boundaries of the park the Secretary shall affix to such drawing an
exact legal description of said boundaries. The Secretary may
revise the boundaries of the park from time to time by publishing
in the Federal Register a revised drawing or other boundary
description, but such revisions shall not increase the land acreage
within the park by more than one thousand acres.
(b) Additional revisions; procedures applicable; failure to comply
with procedures
(1) In addition to such revisions as the Secretary may make in
the boundaries of the park from time to time pursuant to other
provisions of law, the Secretary may, according to the provisions
of subsection (a) of this section -
(A) delete approximately 782 acres in the Neil Point area of
the park;
(B) add approximately 180 acres in the Black Bay Narrows areas
of the park;
(C) add approximately 18.45 acres owned by the State of
Minnesota at the Kabetogama Forestry Station;
(D) add approximately 120 acres owned by the State of
Minnesota, being a strip of land through that portion of section
1, township 68 north, range 20 west, fourth principal meridian,
which is parallel to and 400 feet on both sides of the unimproved
road extending northward from the Ash River Trail as such road
crosses each section; and
(E) subject to the provisions of paragraph (2), delete
approximately 1,000 acres at Black Bay and convey such lands to
the State of Minnesota.

All of the aforementioned boundary changes if accomplished shall be
accomplished such that the boundary of the park shall conform to
that generally depicted on the drawing entitled "Boundary,
Voyageurs National Park, United States Department of the Interior,
National Park Service", numbered 172-80, 008-MWR, and dated
November 1981, which shall be on file and available for public
inspection in the offices of the National Park Service, Department
of the Interior.
(2) The Secretary may not delete or convey the lands referred to
in paragraph (1)(E) unless, prior to or simultaneously with such
deletion or conveyance and in consideration of such conveyance, the
State of Minnesota -
(A) tenders a conveyance of the lands described in paragraph
(1)(C) and (D) to the United States by such instrument and in
such manner as are satisfactory to the Secretary, including but
not limited to lease or easement: Provided, That if the interest
conveyed is a lease or easement, the State of Minnesota shall
substitute therefore a transfer of all right, title, and interest
in the land by June 30, 1987: Provided further, That if the State
does not transfer all right, title, and interest in such lands by
June 30, 1987, the land described in paragraph 1(E) shall revert
to the United States for administration by the Secretary as part
of the park; and
(B) enters into a recordable agreement satisfactory to the
Secretary which provides that -
(i) the State has established a wildlife management area in
the area authorized to be deleted and conveyed to the State by
paragraph (1)(E);
(ii) the State has prepared a plan acceptable to the
Secretary to manage all the waters of and State lands riparian
to Black Bay (including all of the State-owned lands and waters
of Rainy Lake) to preserve the natural resources of the area so
as to complement to the fullest extent possible the purposes
for which the park was established;
(iii) the State shall not transfer any right, title, or
interest in, or control over, any land described in paragraph
(1)(E) to any person other than the Secretary; and
(iv) the State shall permit access by the Secretary at
reasonable times to the land described in paragraph (1)(E).

(3) If at any time the State fails to comply with the material
requirements of the agreement referred to in paragraph (2)(B), all
right, title, and interest in the land described in paragraph
(1)(E) shall revert to the United States for administration by the
Secretary as part of the park. Such reversion shall take effect
upon the delivery by the Secretary of notice to the State
respecting such failure to comply without further notice or
requirement for physical entry by the Secretary unless an action
for judicial review is brought in the United States Court of
Appeals for the appropriate circuit within ninety days following
such notice. In any such action the court may issue such orders as
are appropriate to carry out the requirements of this subsection.

-SOURCE-
(Pub. L. 91-661, Sec. 102, Jan. 8, 1971, 84 Stat. 1970; Pub. L.
97-405, Sec. 1(1), (2), Jan. 3, 1983, 96 Stat. 2028.)

-COD-
CODIFICATION
Provisions of section 102 of Pub. L. 91-661 [this section] were
formerly set out as an undesignated second paragraph in section
160a of this title prior to amendment by Pub. L. 97-405.


-MISC1-
AMENDMENTS
1983 - Subsec. (a). Pub. L. 97-405, Sec. 1(1), substituted "(a)
Except as provided in subsection (b) of this section, the park" for
"The park".
Subsec. (b). Pub. L. 97-405, Sec. 1(2), added subsec. (b).

-End-



-CITE-
16 USC Sec. 160b 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160b. Acquisition of lands; lands outside of boundaries;
transfer of Federal property within boundaries to administrative
jurisdiction of Secretary; consideration by Secretary of offers
to sell property within park area

-STATUTE-
(a) The Secretary may acquire lands or interests therein within
the boundaries of the park by donation, purchase with donated or
appropriated funds, or exchange. When any tract of land is only
partly within such boundaries, the Secretary may acquire all or any
portion of the land outside of such boundaries in order to minimize
the payment of severance costs. Land so acquired outside of the
park boundaries may be exchanged by the Secretary for non-Federal
lands within the park boundaries. Any portion of land acquired
outside the park boundaries and not utilized for exchange shall be
reported to the General Services Administration for disposal under
the Federal Property and Administrative Services Act of 1949 (63
Stat. 377), as amended. Any Federal property located within the
boundaries of the park may be transferred without consideration to
the administrative jurisdiction of the Secretary for the purposes
of the park. Lands within the boundaries of the park owned by the
State of Minnesota, or any political subdivision thereof, may be
acquired only by donation.
(b) In exercising his authority to acquire property under this
section, the Secretary shall give immediate and careful
consideration to any offer made by any individual owning property
within the park area to sell such property to the Secretary. In
considering such offer, the Secretary shall take into consideration
any hardship to the owner which might result from any undue delay
in acquiring his property.

-SOURCE-
(Pub. L. 91-661, Sec. 201, Jan. 8, 1971, 84 Stat. 1970.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949, as
amended, referred to in subsec. (a), is act June 30, 1949, ch. 288,
63 Stat. 377, as amended. Except for title III of the Act, which is
classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 of Title 41, Public Contracts, the Act was repealed and reenacted
by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,
1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,
and Works.

-End-



-CITE-
16 USC Sec. 160c 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160c. Acquisition of improved property

-STATUTE-
(a) Owner's reservation of right of use and occupancy for
residential purposes for life or fixed term of years; election of
term; fair market value
Any owner or owners (hereinafter referred to as "owner") of
improved property on the date of its acquisition by the Secretary
may, if the Secretary determines that such improved property is
not, at the time of its acquisition, required for the proper
administration of the park, as a condition of such acquisition,
retain for themselves and their successors or assigns a right of
use and occupancy of the improved property for noncommercial
residential purposes for a definite term not to exceed twenty-five
years, or, in lieu thereof, for a term ending at the death of the
owner, or the death of his spouse, whichever is later. The owner
shall elect the term to be retained. The Secretary shall pay to the
owner the fair market value of the property on the date of such
acquisition less the fair market value on such date of the right
retained by the owner.
(b) Use and occupancy by lessee of lands donated by State of
Minnesota within boundaries of park; term of use and occupancy
If the State of Minnesota donates to the United States any lands
within the boundaries of the park subject to an outstanding lease
on which the lessee began construction of a noncommercial or
recreational residential dwelling prior to January 1, 1969, the
Secretary may grant to such lessee a right of use and occupancy for
such period of time as the Secretary, in his discretion, shall
determine: Provided, That no such right of use and occupancy shall
be granted, extended, or continue after ten years from the date of
the establishment of the park.
(c) Termination of use and occupancy; tender by Secretary of fair
market value of unexpired right
Any right of use and occupancy retained or granted pursuant to
this section shall be subject to termination by the Secretary upon
his determination that such use and occupancy is being exercised in
a manner not consistent with the purposes of this subchapter or
upon his determination that the property is required for the proper
administration of the park. The Secretary shall tender to the
holder of the right so terminated an amount equal to the fair
market value of that portion of the right which remains unexpired
on the date of termination.
(d) "Improved property" defined
The term "improved property", as used in this section, shall mean
a detached, noncommercial residential dwelling, the construction of
which was begun before January 1, 1969, together with so much of
the land on which the dwelling is situated, the said land being in
the same ownership as the dwelling, as the Secretary shall
designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use,
together with any structures accessory to the dwelling which are
situated on the land so designated.

-SOURCE-
(Pub. L. 91-661, Sec. 202, Jan. 8, 1971, 84 Stat. 1971.)

-End-



-CITE-
16 USC Sec. 160d 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160d. Concession contracts with former owners of commercial,
recreational, resort, or similar properties within park
boundaries

-STATUTE-
Notwithstanding any other provision of law, the Secretary is
authorized to negotiate and enter into concession contracts with
former owners of commercial, recreational, resort, or similar
properties located within the park boundaries for the provision of
such services at their former location as he may deem necessary for
the accommodation of visitors.

-SOURCE-
(Pub. L. 91-661, Sec. 203, Jan. 8, 1971, 84 Stat. 1972.)

-End-



-CITE-
16 USC Sec. 160e 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160e. Payment of value differential by Secretary to owner of
commercial timberlands exchanging lands for State lands outside
of park; determination of value; prerequisites

-STATUTE-
The Secretary is authorized to pay a differential in value, as
hereinafter set forth, to any owner of commercial timberlands
within the park with whom the State of Minnesota has negotiated,
for the purpose of conveyance to the United States, an exchange of
lands for State lands outside the park. Payment hereunder may be
made when an exchange is based upon valuations for timber purposes
only, and shall be the difference between the value of such lands
for timber purposes, as agreeable to the State, the Secretary, and
any owner, and the higher value, if any, of such lands for
recreational purposes not attributable to establishment or
authorization of the park: Provided, That any payment shall be made
only at such time as fee title of lands so acquired within the
boundaries is conveyed to the United States.

-SOURCE-
(Pub. L. 91-661, Sec. 204, Jan. 8, 1971, 84 Stat. 1972.)

-End-



-CITE-
16 USC Sec. 160f 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160f. Administration

-STATUTE-
(a) Authority of Secretary
Except as hereinafter provided, the Secretary shall administer
the lands acquired for the park, and after establishment shall
administer the park, in accordance with the provisions of sections
1, 2, 3, and 4 of this title, as amended and supplemented.
(b) Preservation of area as a wilderness; study and report to
President; procedure for designation as a wilderness
Within four years from the date of establishment, the Secretary
of the Interior shall review the area within the Voyageurs National
Park and shall report to the President, in accordance with
subsections (c) and (d) of section 1132 of this title, his
recommendation as to the suitability or nonsuitability of any area
within the lakeshore for preservation as wilderness, and any
designation of any such area as a wilderness may be accomplished in
accordance with said subsections. The President shall, no later
than June 1, 1983, advise the United States Senate and House of
Representatives of his recommendations with respect to the
suitability or nonsuitability as wilderness of any area within the
park.
(c) Mining and mineral activities and commercial water power
development within park boundaries
All mining and mineral activities and commercial water power
development within the boundaries of the park shall be prohibited,
and further, any conveyance from the State of Minnesota shall
contain a covenant that the State of Minnesota, its licensees,
permittees, lessees, assigns, or successors in interest shall not
engage in or permit any mining activity nor water power
development.

-SOURCE-
(Pub. L. 91-661, Sec. 301, Jan. 8, 1971, 84 Stat. 1972; Pub. L.
97-405, Sec. 1(3), Jan. 3, 1983, 96 Stat. 2029.)


-MISC1-
AMENDMENTS
1983 - Subsec. (b). Pub. L. 97-405 inserted provision directing
the President to advise the Senate and House of Representatives no
later than June 1, 1983, of his recommendation with respect to the
suitability or nonsuitability as wilderness of any area within the
park.

-End-



-CITE-
16 USC Sec. 160g 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160g. Designation by Secretary of recreational fishing zones;
consultation with appropriate State agency; continuation of
seining of fish to secure eggs for propagation

-STATUTE-
(a) The Secretary shall permit recreational fishing on lands and
waters under his jurisdiction within the boundaries of the park in
accordance with applicable laws of the United States and of the
State of Minnesota, except that the Secretary may designate zones
where and establish periods when no fishing shall be permitted for
reasons of public safety, administration, fish and wildlife
management, or public use and enjoyment. Except in emergencies, any
regulations of the Secretary pursuant to this section shall be put
into effect only after consultation with the appropriate agency of
the State of Minnesota.
(b) The seining of fish at Shoepac Lake by the State of Minnesota
to secure eggs for propagation purposes shall be continued in
accordance with plans mutually acceptable to the State and the
Secretary.

-SOURCE-
(Pub. L. 91-661, Sec. 302, Jan. 8, 1971, 84 Stat. 1972.)

-End-



-CITE-
16 USC Sec. 160h 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160h. Programs for development of area for recreational sports
activities

-STATUTE-
The Secretary may, when planning for development of the park,
include appropriate provisions for (1) winter sports, including the
use of snowmobiles, (2) use by seaplanes, and (3) recreational use
by all types of watercraft, including houseboats, runabouts,
canoes, sailboats, fishing boats, and cabin cruisers.

-SOURCE-
(Pub. L. 91-661, Sec. 303, Jan. 8, 1971, 84 Stat. 1972.)

-End-



-CITE-
16 USC Sec. 160i 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160i. Applicability to treaties, orders, or agreements

-STATUTE-
Nothing in this subchapter shall be construed to affect the
provisions of any treaty now or hereafter in force between the
United States and Great Britain relating to Canada or between the
United States and Canada, or of any order or agreement made or
entered into pursuant to any such treaty, which by its terms would
be applicable to the lands and waters which may be acquired by the
Secretary hereunder, including, without limitation on the
generality of the foregoing, the Convention Between the United
States and Canada on Emergency Regulation of Level of Rainy Lake
and of Other Boundary Waters in the Rainy Lake Watershed, signed
September 15, 1938, and any order issued pursuant thereto.

-SOURCE-
(Pub. L. 91-661, Sec. 304, Jan. 8, 1971, 84 Stat. 1973.)

-End-



-CITE-
16 USC Sec. 160j 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160j. Roads accessible to public facilities

-STATUTE-
The Secretary is authorized to make provision for such roads
within the park as are, or will be, necessary to assure access from
present and future State roads to public facilities within the
park.

-SOURCE-
(Pub. L. 91-661, Sec. 305, Jan. 8, 1971, 84 Stat. 1973.)

-End-



-CITE-
16 USC Sec. 160k 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XIX - VOYAGEURS NATIONAL PARK

-HEAD-
Sec. 160k. Funding and other requirements

-STATUTE-
(a) Authorization of appropriations
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter, not to
exceed, however, $38,314,000 for the acquisition of property, and
not to exceed $19,179,000 (June 1969 prices) for development, plus
or minus such amounts, if any, as may be justified by reason of
ordinary fluctuations in construction costs as indicated by
engineering cost indices applicable to the types of construction
involved herein.
(b) Comprehensive plan for visitor use and overnight visitor
facilities; development, implementation, etc.; authorization of
appropriations
The Secretary shall, in cooperation with other Federal, State,
and local governmental entities and private entities experienced in
the fields of outdoor recreation and visitor services, develop and
implement a comprehensive plan for visitor use and overnight
visitor facilities for the park. The plan shall set forth methods
of achieving an appropriate level and type of visitation in order
that the resources of the park and its environs may be interpreted
for, and used and enjoyed by, the public in a manner consistent
with the purposes for which the park was established. Such plan may
include appropriate informational and educational messages and
materials. In the development and implementation of such plan the
Secretary may expend funds donated or appropriated for the purposes
of this subsection. Effective October 1, 1983, there is authorized
to be appropriated for the purposes of this subsection not to
exceed $250,000, to remain available until expended.
(c) Existing road access; study and report; authorization of
appropriations
The Secretary is directed to study existing road access to the
park and to report to Congress on the impact of park-related use of
those roads and to report specific recommendations on improvements
necessary to insure adequate road access to the park. The Secretary
is directed to report, within one year of the date of enactment of
the Act which appropriates funds authorized under this subsection,
to the Committee on Interior and Insular Affairs of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate. Effective October 1, 1983, there is
authorized to be appropriated for the purposes of this subsection
not to exceed $75,000.
(d) Statutory ceilings respecting appropriations
For purposes of section 460l-9(a)(3) of this title, the statutory
ceilings on appropriations established by this section shall be
deemed to be statutory ceilings contained in a provision of law
enacted prior to the convening of the Ninety-fifth Congress.

-SOURCE-
(Pub. L. 91-661, Sec. 401, Jan. 8, 1971, 84 Stat. 1973; Pub. L.
97-405, Sec. 1(4), Jan. 3, 1983, 96 Stat. 2029.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 97-405 designated existing provisions as subsec.
(a), substituted "$38,314,000" for "$26,014,000", and added
subsecs. (b) to (d).

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-


-CITE-
16 USC SUBCHAPTER XX - GLACIER NATIONAL PARK 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK

-HEAD-
SUBCHAPTER XX - GLACIER NATIONAL PARK

-End-



-CITE-
16 USC Sec. 161 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK

-HEAD-
Sec. 161. Establishment; boundaries; trespassers; claims and rights
under land laws not affected; reclamation projects; indemnity
selections of lands

-STATUTE-
The tract of land in the State of Montana particularly described
by metes and bounds as follows, to wit: Commencing at a point on
the international boundary between the United States and the
Dominion of Canada at the middle of the Flathead River; thence
following southerly along and with the middle of the Flathead River
to its confluence with the Middle Fork of the Flathead River;
thence following the north bank of said Middle Fork of the Flathead
River to where it is crossed by the north boundary of the
right-of-way of the Great Northern Railroad; thence following the
said right-of-way to where it intersects the west boundary of the
Blackfeet Indian Reservation; thence northerly along said west
boundary to its intersection with the international boundary;
thence along said international boundary to the place of beginning,
is reserved and withdrawn from settlement, occupancy, or disposal
under the laws of the United States, and dedicated and set apart as
a public park or pleasure ground for the benefit and enjoyment of
the people of the United States under the name of "The Glacier
National Park." All persons who shall locate or settle upon or
occupy the same, or any part thereof, except as hereinafter
provided, shall be considered trespassers and removed therefrom.
Nothing herein contained shall affect any valid claim, location, or
entry existing under the land laws of the United States before May
11, 1910, or the rights of any such claimant, locator, or entryman
to the full use and enjoyment of his land. The United States
Reclamation Service may enter upon and utilize for flowage or other
purposes any area within said park which may be necessary for the
development and maintenance of a Government reclamation project. No
lands within the limits of Glacier National Park belonging to or
claimed by any railroad or other corporation having or claiming
before May 11, 1910, the right of indemnity selection by virtue of
any law or contract whatsoever shall be used as a basis for
indemnity selection in any State or Territory whatsoever for any
loss sustained by reason of the creation of Glacier National Park.

-SOURCE-
(May 11, 1910, ch. 226, Sec. 1, 36 Stat. 354; Jan. 26, 1931, ch.
47, Sec. 5, 46 Stat. 1043.)

-REFTEXT-
REFERENCES IN TEXT
The land laws of the United States, referred to in text, are
classified generally to Title 43, Public Lands.
Herein, referred to in text, means act May 11, 1910, ch. 226, 36
Stat. 354, which is classified to this section and section 162 of
this title.

-COD-
CODIFICATION
In sentence beginning "Nothing herein contained", the words
"before May 11, 1910" were inserted to give effect to the preceding
word "existing", and in the last sentence the words "having or
claiming before May 11, 1910" are a translation of the words "now
having or claiming" of the original text.


-MISC1-
AMENDMENTS
1931 - Act Jan. 26, 1931, struck out provision that right of way
through the valleys of the North and Middle Forks of the Flathead
River might be acquired within Glacier National Park for steam or
electric railways.

-CHANGE-
CHANGE OF NAME
Reclamation Service, established in July 1902, changed to Bureau
of Reclamation in June 1923.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 162 of this title.

-End-



-CITE-
16 USC Sec. 161a 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER XX - GLACIER NATIONAL PARK

-HEAD-
Sec. 161a. Part of Waterton-Glacier International Peace Park

-STATUTE-
For the purpose of permanently commemorating the long-existing
relationship of peace and good will existing between the people and
Governments of Canada and the United States and upon the enactment
by the proper authority of the Canadian Government of a similar
provision respecting the Waterton Lakes National Park in the
Province of Alberta, and upon the proclamation of the President of
the United States, who is authorized to issue such a proclamation,
the Glacier National Park in the State of Montana shall become a (continued)